The High Court · 2025
Case Details
Acts & Sections
Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ or Direction more Particularly one in nature of Writ of Mandamus declaring the action of the Respondent No.4 not considering the Petitioner application for deleting the names of mutated in favour of Respondent No.S-B in revenue records in Ac- 00.11 Gts., out of the total extent of land Ac.01- :'.; aatirti! .- ::'.t:.r,: ! 14 Gts., in Sy. No. 1 part, situated at Peddakanduru Village, Yadagirigutta Mandal, Yadadri Bhuvanagiri District, rs against to the Article 14 and 21 of the constitution, and also direct the Respondent No.2-4 to conduct thorouprt enquiry in respect of land in Ac. 00.'l 1 (lts., out of the total extent of land Ac.01-14 Gts., in Sy. No. 1 part, situated at Peddakanduru Village, Yadagirigutta Mande l, Yadadri Bhuvanagiri District and consequently direct the Respodent No.2-4 t,t delete the names of Respondent No.5-{l and mutate the name of Petitioner in "espect of land in Ac. 00.11 Gts., out of the total extent of land Ac.O1-14 Gts., in 5iy. No. 1 part, situated at Peddakanduru'/illage, Yadagirigutta lrlandal, Yadadri Elhuvanagiri District as per Preliminary De:ree in O.S. No. 03 of 2013 (old suit No. 27412005) pending on the file of the Honourable Junior Civil Judge, Yadadri Bhuva ragiri District, at Alair lA NO: 1 OF 2025 Petition under Section '1 51 CPC praying that in the rl rcumstances stated in the affidavit filed in support of the petition, the High Court nr ry be pleased to direct the respondents No.2-4 not to initiate any sale transactior in respect of land in land in Ac. 00.11 (lts., out of the total extent of Iand Ac.O'1 -14 Gts., in Sy. No. 1 part, situated at Peddakanduru Village, Yadagirigutta lrlandz l, Yadadri Bhuvanagiri District. Counsel for the Petitioner: SRl. P ACHUT RAMA SHASTF.'f Counsel for the Respondent Nos.1 to 4: AGP FOR REVEN UE Counsel for the Respondent Nos.5 to 8: --- The Court made the following: ORDER HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PBTIT ION No.18 752 of.2025 ORDER: This Writ Petition is hled seeking to declare the inaction of the respondent No.4 in not considering the application for deletionofnamesofmutationinfavourofrespondentNos.Sto8 in the revenue records in respect of land admeasuring Ac'O 11 guntas out of the tota-l extent of land admeasuring Ac' 1 14 guntas in Sy.No.1/part situated at Peddakdnuru Village' Yadagirigr-rtta Mandal, Yadadri Bhuvanagari District as illegal and contrary to the preliminary decree in O S'No'3 of 2O13 (old O.S.No.274 of 2005) on the frle of learned Junior Civil Judge' Yadadri Bhuvanagiri District at Alair and sought for various reliefs. It is stated tl.at the petitioner is owner and possessor of 2. land admeasuring Ac.O.11 guntas out of the total extent of land admeasuring Ac.1-14 guntas in Sy'No'1/part situated at Peddakdnuru ViIIage, Yadagirigutta Mandal' Yadadri Bhuvanagari District. It is further stated that a partition suit was instituted vide O.S.No 3 of 2013 (old O'S'No 274 of 2OO5) on the flle of learned Junior Civil Judge' Yadadri Bhuvanagiri District at Alair and a preliminary decree was passed in the said ESB@'\, i i ::j ':::!i_r;-. ,1ials:t 'X&i, 2 CVBI(. J rp 18752 2025 suit on 23.09 .2016, wherein the petitioner here: r is shown as defendanl No.19. The petitioner claimed to hav: inherited the property in dispute through her father by n.r ne Musulo;u Narayana. It is stated that aggrieved by tht. judgment in O.S.No.3 of 2O13 (old O.S.No.274 of 2OO5), i. re contesting defendants preferred an appeal vide A.S.No.156 ,r' 2Ol5 on the hle of learned V Additiona,l District Court, Bhuvar ragiri and the same was dismissed for default on 07 .04.2021. I petitron vide I.A.No.36ii of 2O2l was hled to pass finaL decree i;t pursuance of the decrer: passed in the above said suit. It is lurther stated that thereafter tl-e petitioner has made an applic rrion seeking mutation of his name to an extent of Ac.O.1 1 guntas in Sy.No.1/part situated at Peddakdnuru Village, yadagirigulta Mandal, Yadadri Bhuvanagari District.
3. Considered the submissions of the learned c,runsel for the parties and with their consent, this writ petil ion is being disposed of at the admission stage. 4 . The grievance of the petitioner is that eve r though she made an zLpplication to Tahsildar to issue a pattr l:rr passbook in her name in respect of lald admeasuring an ex,r nt of Ac.O. 1 1 guntas an,l tiil date there is no response and as:r consequence d{ln@:fF.!r!r7 {r k}qr 'irlF 'rr .. 3 CVBR, J w_187 52 2025 the petitioner is being prevented from receiving incenLives and other benefits from the government in respect of the said land' But on lhe other hand, one Musaloju Siddiraju' who is not a party to the suit, got managed to mutate his name along with his brothers names in the revenue records in Dharani Integrated Land Records Management System The learned Assistant Government Pleader appearing for 5. the respondents vehemently contended that the preliminary decree passed in O.S.No.3 of 2O13 (old O'S'No 274 of 20O5) was subject to appeal vide A.S.No' 15 6 ot 2015, which was dismissed for default on O7:O4.2O2L It is contended that thereafter I.A.No.363 of 2O2l has been hled for passing of hnal decree and unless hna-I decree proceedings are passed by the competent court and the suit schedule property is divided with metes and bounds, the petitioner or the plaintiffs or the defendants therein arenotentitledformutationandforconsequentialissuanceof pattadar Passbooks. In view of the above said submissions and since as on 6. today I.A.No-3 63 of 2O2l is pending O'S'No'3 of 2O 13 (old O.S.No.274 of 2005) for passing ltnal decree' the petitioner is at liberty to hle appropriate application before the concerned court \ I , 4 CVBR. J .\ p 18752 2025 t ".1 in hnai dccree proceedings to tJ.e extent of her r; rare acquired by her by way of preliminary decree and only tht:r L Lhe name of the petitioner can be mutated in the revenue re,- 'rds and also for conseouential issuance of pattadar passbook. 7 . With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. As il sequel, the miscellaneous petitiolrre*g n ding, if any, shali stand closed. '. I i i SN/. AHIJIED ABDULLA KHAN -- AS ]ISTANT REGISTRAR //TRUE COPY// \ srcrtoN oFFlcER To, The Principal Secretary Revenue Department Telang a 1a State The District Collector, Bhongir Collectorate Bhongir' RevenueDivisionalofficer,BhongirDivision,Bhongir)istrict. 1 2 3
4.MandalRer,enueofficer,YadagiriGuttaMandal,BhorrgirDistrict. 5. One CC to SRl. P ACHUT RAMA SHASTRY Advoca e [OPUC] 6. Two CCs to GP FOR REVENUE 'High Court for the lltate of Telangana louTl Two CD CoPies hfr. , '/ KKS PVL HIGH COURT DATED:0210712025 ORDER WP.No.18752 of 2025 ..': B 7 ,l li 2025 \ \:,... - .,_, -t'../ DISPOSING THE WRIT PETITION WITHOUT COSTS \ .l 7 10